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What is a notice of cancellation endorsement, and why does my MSA ask for one?

Updated . Sources for every claim are listed at the end.

Short answer

A notice of cancellation endorsement is a change to your policy that requires the insurer to notify someone besides you, usually the operator, before the policy is cancelled. IRMI describes it as an endorsement that provides notice "beyond that stipulated in the policy," either more days, more parties, or both.

  • Without it, the operator has no right to notice. Texas Insurance Code Section 1811.155 says a person has a legal right to cancellation notice only if it is named in the policy or an endorsement and the policy, endorsement or a Texas law requires the notice.
  • Writing "30 days notice" on a certificate does not create the obligation. Only the endorsement does, and insurers differ on whether they will issue one.
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Who gets notice without the endorsement

By default, cancellation notice goes to you, not to the operator. For liability policies written by admitted insurers in Texas, Insurance Code Section 551.053 requires the insurer to mail or deliver written notice of cancellation to "the first-named insured under the policy" at the address on the policy, no later than the 10th day before the cancellation takes effect. Nonrenewal notice to the first-named insured is due no later than the 60th day before expiration (Section 551.054).

Texas also limits when those policies can be cancelled mid-term. Under Section 551.052, a renewal policy generally may not be cancelled, and a new policy may not be cancelled after its 60th day, except for reasons such as fraud in obtaining coverage, failure to pay premium, an increase in hazard within your control that would raise the rate, or loss of the insurer's reinsurance.

None of that sends anything to the operator. That is the gap the endorsement fills.

Why the certificate cannot fill the gap

Operators often ask for "30 days' written notice of cancellation" and expect to see it on the certificate. The ACORD 25 (2014/01 edition) cancellation box says that if a policy is cancelled before expiration, "notice will be delivered in accordance with the policy provisions." It does not promise anything the policy does not already promise.

Texas law backs that up. Under Insurance Code Chapter 1811:

  • A certificate "may not alter the terms and conditions of the notice required by a policy of insurance or the law of this state" (Section 1811.155(b)).
  • A certificate cannot convey a contractual right to the holder (Section 1811.051(b)).
  • Nobody may require a certificate with false or misleading information about the policy (Section 1811.054).

So if the MSA requires notice to the operator, the only way to deliver it is an endorsement on the policy that names the operator and states the notice terms. See what a certificate of insurance is.

What the endorsement usually changes

IRMI notes that a notice of cancellation endorsement typically adds "a longer notice period, additional parties to be notified, or both," and that "insurers vary in their willingness to expand their notice obligations." Things to look at on the actual form:

What to check on a notice of cancellation endorsement
ItemWhat to look for
Who is notifiedNamed parties in a schedule, or a blanket "where required by written contract" wording
How many daysWhether it matches the MSA, and whether nonpayment has a shorter period
Which eventsCancellation only, or also nonrenewal and material change
Which policiesGL, auto, umbrella, workers comp and pollution each need their own wording
Failure to notifyWhether failing to send notice changes the cancellation date or only creates an administrative duty

What to do when the MSA asks for it

  1. Find the exact requirement. How many days, to whom, for which policies, and whether it covers nonrenewal or material change too.
  2. Ask your agent whether each insurer will endorse it. Some will issue a blanket form. Some will only schedule named parties. Some will not change their notice obligations at all.
  3. If an insurer will not endorse it, say so before you sign. It is a common item to negotiate. See can I negotiate operator insurance requirements.
  4. Keep the endorsement page with your certificate. Prequalification platforms and operators may ask for it.

The easiest way to avoid a cancellation notice is to avoid a cancellation. Nonpayment is one of the listed grounds in Section 551.052, so a missed premium installment can put every MSA you hold at risk at once.

Check whether your policy is admitted

Texas Insurance Code Chapter 551, Subchapter B defines "insurer" as a company admitted to do business in Texas. If any of your policies are written on a surplus lines basis, ask your agent what cancellation notice terms apply to that policy.

Common questions

Can my agent just promise the operator 30 days’ notice?

Not through the certificate. Texas Insurance Code Section 1811.155 gives notice rights only through the policy, an endorsement, or Texas law. A promise outside those is not something the insurer is bound by.

How much notice does Texas law give me?

For liability policies covered by Insurance Code Chapter 551, Subchapter B, at least 10 days before cancellation takes effect and at least 60 days before a nonrenewal, sent to the first-named insured.

Does the operator get notice if I am an additional insured on its policy?

Notice rights follow the policy and its endorsements, not who is listed where. If you want notice under someone else’s policy, that policy needs the endorsement.

Is notice of cancellation the same on workers comp?

Workers comp policies have their own forms and rules. If the MSA asks for notice on comp, check that policy separately.

Sources

  1. IRMI glossary: notice of cancellation endorsement. Definition; longer period, additional parties, or both; insurers vary in willingness.
  2. Texas Insurance Code, Chapter 1811 (Certificates of Property and Casualty Insurance). Notice rights only through the policy, an endorsement or law (1811.155); no contractual rights by certificate (1811.051); no misleading certificates (1811.054).
  3. Texas Insurance Code, Chapter 551. Insurer defined as admitted (551.051); cancellation limits (551.052); 10-day cancellation notice (551.053); 60-day nonrenewal notice (551.054).
  4. ACORD 25 Certificate of Liability Insurance (sample published by NYC DYCD). Cancellation box: notice delivered in accordance with the policy provisions.

This page explains insurance, not law. Have your attorney review indemnity and contract language; our job is making the insurance match it.

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